Sleep apnea decisions — 2011

The Veteran's service-connected lumbar strain is rated at 10 percent, and the Board denied his claims for left hip disability and sciatica. The evidence did not show sufficient impairment to warrant a higher rating.

The Board has restored the Veteran's original 40 percent disability rating for his service-connected low back disability, which represents a complete grant of the benefit sought on appeal.

The Veteran's claims for a compensable rating for obstructive breathing, residuals of a fractured nose, and service connection for obstructive sleep apnea are being remanded due to the need for additional examinations and development of medical records.

The Board denied the Veteran's claims for increased ratings for major depression and lumbosacral strain, as well as his claim for service connection for a bilateral knee disorder. The decision also noted that his TDIU claim was reasonably raised by the record.

The Veteran's claim for service connection for bilateral hearing loss was denied as he does not have a current disability. The TDIU claim is remanded due to inadequate examination.

The Veteran's claims for service connection are being remanded due to inadequate VCAA notice.

The Veteran's service-connected lumbosacral strain with DDD was evaluated at a 10 percent disability rating from March 24, 2005 to October 28, 2008. The right shoulder strain was also rated at 10 percent during the same period.

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his active service, granting service connection.

The Veteran's appeal is being remanded due to the need for further development of his claims, including VCAA compliance and a VA examination.

The Veteran's arthritis of the lumbosacral spine is not considered to be proximately caused by VA treatment, and therefore compensation under 38 U.S.C. § 1151 is denied.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a TDIU claim.

The Board denied service connection for depression and a lumbosacral herniated nucleus pulposus, as well as service connection for radiculopathy of the lower left and right extremities. The Veteran's claims were remanded to issue statements of the case on these issues.

The Veteran's appeal is remanded due to insufficient evidence regarding his ability to secure or maintain substantially gainful employment due to service-connected disabilities. Additional medical records and Social Security Administration records are needed.

The Veteran's lumbosacral strain has not been shown to be manifested by unfavorable ankylosis of the entire thoracolumbar spine, and therefore does not meet the criteria for a rating in excess of 40 percent.

The Board has denied the Veteran's claims for service connection for seizure disorder, sleep apnea, and GERD. The evidence does not support a finding of current diagnoses or a link to service.

The veteran's appeal is being remanded for a VA examination to determine the presence and extent of lumbosacral radiculopathy, as his May 2006 VA examination did not reflect this condition.

The Veteran's service-connected right ankle disability is rated at 10 percent, effective May 23, 2007. The right knee and left knee disabilities are each rated at 10 percent, effective September 24, 2007. The lumbar spine disability remains rated at 20 percent.

The Board has remanded the Veteran's claims for additional development due to his request for a Travel Board hearing. The case will be returned to the RO after the hearing.

The Veteran's sleep apnea is related to his military service and the Board grants service connection for this condition.

The Veteran's chronic lumbosacral strain was initially manifested during his service in Germany and has continued since. The Board finds that the Veteran's condition is a chronic condition that existed continuously since service, warranting service connection.